12-076 City of Sunnyvale, Industrial Wastewater Treatment Services in Rancho Rinconada ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF SUNNYVALE
and THE CITY OF CUPERTINO FOR INDUSTRIAL WASTEWATER
TREATMENT SERVICES IN RANCHO RINCONADA.
This Agreement is entered into this a-S4 day of , 2012, between the City of
Sunnyvale and the City of Cupertino (hereinafter jointly r ferred to as the"Parties"),
RECITALS
A. The City of Sunnyvale owns and operates a sanitary sewerage system and is thus
deemed a "Control Authority" for purposes of providing such services to Industrial
Users.
B. The City of Cupertino currently utilizes this sewerage system to serve an area within the
City of Cupertino known as Rancho Rinconada pursuant to an Agreement between the
developers of Rancho Rinconada and the City of Sunnyvale dated April 19, 1954.
C. The agreement between the City of Sunnyvale and the Rancho Rinconada Sewer District
from 1954 and an associated document titled "City of Sunnyvale Sewer Responsibilities
Rancho Rinconada Area" specifies that "the City of Sunnyvale will provide sewer
services at the rates, including connection fees, and in accordance with the rules and
regulations of the City now in force by the City of Sunnyvale, or that hereafter and from
time to time may be established by the City Council of the City of Sunnyvale." The
Agreement and associated documents are attached hereto as Exhibit"A".
D. A schematic diagram of the areas served is attached hereto as Exhibit"B".
E. The federal regulations at 40 CFR 403.8(f)(1) require the City of Sunnyvale to have the
legal authority to apply and enforce the requirements of sections 307(b) and (c) and
402(b)(8) of the Clean Water Act, to implement and enforce a pretreatment program,
and to control discharges from all existir.:g and future industrial users of its sewerage
system, including those located in contributing jurisdictions (Rancho Rinconada).
F. Facilities located in Rancho Rinconada currently consist of residential users and
commercial users, who primarily contribute domestic sewage to the City of Sunnyvale
sewerage system.
G. There are no facilities currently located in Rancho Rinconada considered to be "Industrial
Users"or"Significant Industrial Users".
AGREEMENT
A. The City of Cupertino shall notify the City of Sunnyvale within 10 days of receipt of a
development application that proposes to develop industrial uses which would discharge
into the Rancho Rinconada area, to afford the City of Sunnyvale the opportunity to
comment on the application, and if necessary, to impose conditions appropriate to
providing wastewater treatment services.
B. No industrial users shall be allowed to operate within Rancho Rinconada and discharge
to the Sunnyvale sewerage system unless the City of Cupertino provides 60 day prior
notification to the City of Sunnyvale and an agreement is entered into between the
parties addressing implementation and enforcement of the pretreatment program for the
proposed industrial user.
C. If any term of this Agreement is held to be invalid in any judicial action, the remaining
terms will be unaffected.
D. The Parties will review and revise this Agreement to ensure compliance with the
Federal Clean Water Act (42 U.S.C. §1251 et. seq.) and rules and regulations (see 40
CFR Part 403) issued thereunder, as necessary, but at least once every five years on a
date to be determined by the Parties.
E. The City of Sunnyvale may terminate this Agreement by providing 90 days written
notice to the City of Cupertino. All benefits and obligations under this Agreement will
cease following 90 days from receipt of such notice.
City, of St n ,va City of 't -erti
By:
ill i
Na' 'gG f ' fuebbers Name:Am Y +�,,0
C' Man ger -r-p,+0,;,,City Managee
Dated: i,/(4 4 /.- Dated: —1/35/(W)I9\
2